Minutes - Council - 05/27/2008 - Board of Appeals

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Councilmember Look asked if the City could charge a fee if there isn't an established fee structure in place. City Attorney Goodrich stated that he believes the City can, but didn't think the escrow would be needed. Community Development. Director Miller stated that if this is approved, staff would ask that the opening in the fence on 167th Avenue be removed. Public Works Director Olson asked how well Mr. Lee got along with his neighbor. Chair Dehen asked if the neighbor was aware that Mr. Lee was making this request. Mr. Lee stated that he gets along very well with his neighbor and she has read all the documents and knows what he has been trying to do. Mayor Gamec asked if the notice of the meeting had gone out to the neighbors. Management Intern Gladhill stated that there is no public hearing requirement for a Board of Appeals case. Community Development Director Miller clarified that Mr. Lee is appealing a determination made by staff. City Administrator Ulrich also clarified that this would not be a variance. Motion by Councilmember Look, seconded by Councilmember Strommen, to reverse the determination of staff and grant the Zoning Permit to allow the applicant to relocate the driveway to the Gamet Street right of way, that is 50 feet from the intersection, that there be an agreement with language waiving liability for maintenance of the street by the City and the closing of the access to 167th Avenue, allowing for a walk-in gate to access the mailbox. Further Discussion: Mr. Lee stated that there is a culvert along 167th and asked if that should be pulled out. Public Works Director Olson stated that he could pull it out as long as he doesn't change the elevation, or the City could do it as part of the street project. Management Intern Gladhill noted that there is a hard surface requirement in City Code, which could be Class 5, that he thinks should be part of the agreement. Councilmember Look asked if Mr. Lee was planning on paving. Mr. Lee stated that he is planning for asphalt or concrete sometime next summer. Management Intern Gladhill stated that he was referring to the right-of-way area. Councilmember Strommen stated that she feels a fee should be established, but she feels funny about doing it retroactively. Motion carried. V oting Yes: Mayor Gamec, Chair Dehen, Councilmembers Look, Strommen, Jeffrey, and Olson. Voting No: None. Absent: Councilmember Elvig. The Board of Appeals meeting was recessed at 9:50 p.m. and reconvened at 9:54 p.m. Board of Appeals / May 27, 2008 Page 6 of8